Notice pursuant to section 155(1) of the Child Support (Assessment) Act 1989 - minimum and fixed annual rates for child support periods beginning in 2017

Overview

The Child Support (Assessment) Act 1989 was enacted by the Parliament of Australia to establish a framework for the assessment and collection of child support payments. This legislation aims to address the problem of ensuring that children receive adequate financial support from both parents, thereby promoting their welfare and reducing the financial burden on government welfare systems. The Act sets out the criteria and methods for calculating child support obligations, ensuring a consistent and equitable approach. As part of this legislative framework, the Child Support Registrar is responsible for periodically reviewing and adjusting the rates of child support to reflect changes in economic conditions. The notification issued under section 155(1) by the Child Support Registrar, Bill Volkers, on 28 November 2016, specifies the minimum and adjusted annual rates of child support for periods beginning in 2017, reflecting the policy objective of maintaining fair and updated support payments based on current economic indicators.

Scope and Application

The Child Support (Assessment) Act 1989 applies to individuals and entities involved in the calculation and payment of child support in Australia. This Act is primarily concerned with establishing the criteria and methods for assessing the financial obligations of parents towards their children's welfare, encompassing both natural and adoptive parents. The legislation sets out a comprehensive framework for determining the amounts of child support that should be paid, taking into account various factors such as the income of the parents and the needs of the child. The Act applies nationally across Australia, as it is a Commonwealth Act, thereby extending its reach uniformly across all states and territories. However, the Act provides certain exclusions and exemptions, including instances where a child is under the care of a government agency or where specific agreements are in place under other legislation. Additionally, the Act may be extended or restricted in application through subordinate instruments, such as regulations or rules, which provide further detail on the implementation and administration of the child support assessment process.

Key Provisions

The Child Support (Assessment) Act 1989, as notified in the Gazette (C2016G01585), sets out specific rates of child support for the calendar year 2017. Section 155(1) mandates that the minimum annual rate of child support for this period is $420, establishing a baseline amount that must be considered for all child support assessments within the year (section 155(1)). Additionally, for parents classified as low income and not receiving income support, section 65A(2) specifies an annual rate of $1390 for child support during this period (section 65A(2)). These provisions ensure that child support calculations for the year 2017 adhere to these predetermined rates. The Act imposes specific obligations on the parties involved in child support assessments. Parents and guardians are required to provide accurate and complete information regarding their income, assets, and any other relevant financial details as stipulated in the Act. This information is essential for the Child Support Agency to calculate the appropriate child support payments. Failure to provide the required information may result in additional assessments or adjustments to the child support payments. Furthermore, the Child Support Registrar, in this case, Bill Volkers, has a duty to notify the public of these rates and any changes, as per section 155(1) (section 155(1)). Breach of the obligations set out in the Child Support (Assessment) Act 1989 can lead to serious consequences. Section 234 of the Act outlines that wilful failure to provide the required information or providing false information is a criminal offence. This can result in fines and, in some cases, imprisonment. The penalties for such offences are not explicitly stated in the Gazette notice but generally include fines up to $5,250 and/or imprisonment for up to two years under the relevant provisions of the Act (section 234). Additionally, civil penalties may also apply, including the possibility of being required to repay any overpaid child support along with interest. In summary, the Child Support (Assessment) Act 1989 specifies the minimum and specific annual rates of child support for 2017, mandates the provision of accurate financial information by parents, and sets out criminal and civil penalties for non-compliance. The notice by Bill Volkers ensures transparency and adherence to the legislative requirements, thereby protecting the interests of children reliant on these support payments.